lawmakers wanted clarification on various positions hagel has taken in the past. at one point he grappled over whether he was wrong to oppose the 2007 surge in iraq. >> were you correct or incorrect when you said that the surge would be the most dangerous foreign policy blunder in this country since vietnam. >> i'm not going to give you a yes or no. it's far more complicated than that. >> if confirmed, hagel will replace leon panetta as defense secretary and be the only republican in president obama's cabinet and the first vietnam veteran to hold that position. the transportation secretary who is also a republican expected to resign as well. this should be wrapped up with the senate vote for chuck hagel next week. >>> it's 4:06. a judge will decide whether to declare a mistrial days after a culpeper police officer was convicted of manslaughter. two dtionaries and a thesaurus. >> jurors looked over the definition of malice. daniel harmon-wright claimed he shot patricia cook when his arm was caught in her suv window when she tried to drive away. >> a local leader wa